TERMS OF SERVICE
Last
Modified: December 1, 2018
1. Acceptance
of the Terms of Service
Welcome
to the website of Drumbo LLC (“Company”, “we” or “us”). The following
terms and conditions (together with any documents referred to in them)
(collectively, these “Terms of Service”) apply to
your use of FileZombie.org (the “Website”),
including any content, functionality and services offered on or through the
Website, whether as a guest or a registered user.
Please
read the Terms of Service carefully before you start to use the site. By using the Website or by clicking to
accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide
by these Terms of Service and our Privacy Policy,
incorporated here by reference. If you do not want to agree
to these Terms of Service or the Privacy Policy, do not use our Website.
2. Changes
to the Terms of Service
We
may revise and update these Terms of Service from time to time in our sole
discretion. You are expected to check this page from time to time to take
notice of any changes we made, as they are binding on you. All material changes
will apply prospectively only. Any changes to the dispute resolution procedures
set forth below in Governing Law and Jurisdiction shall not apply to any
disputes for which the parties had actual notice as of date the change was
posted on the Website. Your continued use of the Website following the posting
of revised Terms of Service means that you accept and agree to the changes.
3. Accessing
the Website and Account Security
We
reserve the right to withdraw or amend this Website, and any service or
material we provide on the Website, in our sole discretion without notice. We
will not be liable if for any reason all or any part of the Website is
unavailable at any time or for any period. From time to time, we may restrict
access to some parts of the Website, or the entire Website, to users, including
registered users. You are responsible
for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service, and
that they comply with them.
To
access the Website or some of the resources it offers, you may be asked to
provide certain registration details or other information. It is a condition of
your use of the Website that all the information you provide on the Website is
correct, current and complete.
If
you choose, or you are provided with, a user name, password or any other piece
of information as part of our security procedures, you must treat such
information as confidential, and you must not disclose it to any third party.
You agree to immediately notify the Company of any unauthorized use of your
user name or password or any other breach of security. You also agree to ensure
that you exit from your account at the end of each session. You should use
particular caution when accessing your account from a public or shared computer
so that others are not able to view or record your password or other personal
information.
We
have the right to disable any user identification code or password, whether
chosen by you or provided by us, at any time in our sole discretion for any or
no reason, including, if in our opinion, you have failed to comply with any
provision of these Terms of Service.
4. User
Contributions
The
Website may contain interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish,
display or transmit to other users (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the
Content Standards set out in Section 9 of these Terms of Service.
You
understand and acknowledge that you are responsible for any User Contributions
you submit or contribute, and you, not the Company, have fully responsibility
for such content, including its legality, reliability, accuracy and
appropriateness. You represent and warrant that you own or control all rights
in and to the User Contributions and have the right to grant the Company and
its affiliates the license granted above.
You represent and warrant that all of your User Contributions do and
will comply with these Terms of Service, and you agree to defend, indemnify and
hold harmless the Company and its affiliates and licensors for any breach of
that representation and warranty.
Any
User Contribution you post to the site will be considered non-confidential and
non-proprietary, and we have the worldwide non-exclusive royalty-free right to
use, copy, publicly perform or display, distribute,
modify, translate, create derivative works and
disclose to third parties any such material in any format and for any purpose.
You represent and warrant that you own or control all rights in and to the User
Contributions and have the right to grant the Company and its affiliates the
license granted above.
Any
content and/or opinions uploaded, expressed or submitted to the Website, and
all articles and responses to questions and other content, other than the
content provided by the Company, are solely the opinions and the responsibility
of the person or entity submitting them and do not necessarily reflect the
opinion of the Company. We are not responsible, or liable to any third party,
for the content or accuracy of any materials posted by you or any other user of
the Website. You understand and acknowledge that you may be exposed to User
Content that is inaccurate, offensive, indecent, or objectionable, and you
agree that the Company shall not be liable for any damages you allege to incur
as a result of such User Content. The Company may provide tools for you to
remove some User Contributions, but does not guarantee that all or any User
Contributions will be removable.
The Company and its licensees may publicly display advertisements and other
information adjacent to or included with your content. You are not entitled to
any compensation for such advertisements. The manner, mode and extent of such
advertising are subject to change without specific notice to you.
5. Intellectual Property Rights
Except for your User Contributions, the Website and its
entire contents, features and functionality (including but not limited to all
information, software, text, displays, images, video and audio, and the design,
selection and arrangement thereof), are owned by the Company, its licensors or
other providers of such material and are protected by United States and
international copyright, trademark, patent, trade secret and other intellectual
property or proprietary rights laws.
You
must not copy, modify, create derivative works of, publicly display, publicly
perform, republish, download, store or transmit any of the material on our
site, without the prior written consent of the Company or its licensors. You
must not reproduce, sell or exploit for any commercial purposes any part of the
Website, access to the Website or use of the Website or any services or
materials available through the Website.
If
you print, copy, modify, download or otherwise use any part of the Website in
breach of the Terms of Service, your right to use the Website will cease
immediately and you must, at our option, return or destroy any copies of the
materials you have made. No right, title or interest in or to the Website or
any content on the site is transferred to you, and all rights
not expressly granted are reserved by the Company. Any use of the
Website not expressly permitted by these Terms of Service is a breach of these
Terms of Service and may violate copyright, trademark and other laws.
6. Company
Trademarks
The
Company name, logo and all related names, logos, product and service names,
designs and slogans are trademarks of the Company or its affiliates or
licensors. You must not use such marks without the prior written permission of
the Company. All other names, brands and marks are used for identification
purposes only and are the trademarks of their respective owners.
7. Prohibited
Uses
You
may use the Website only for lawful purposes and in accordance with these Terms
of Service. You agree not to use the Website:
·
In any way that violates any
applicable federal, state, local and international law or regulation
(including, without limitation, any laws regarding the export of data or
software to and from the US or other countries).
·
For the purpose of exploiting,
harming or attempting to exploit or harm minors in any way by exposing them to
inappropriate content, asking for personally identifiable information or
otherwise.
·
To send, knowingly receive, upload,
download, use or re-use any material which does not
comply with the Content Standards set out in Section 9 of these Terms of
Service.
·
To transmit, or procure the sending
of, any advertising or promotional material without our prior written consent,
including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
·
To impersonate or attempt to
impersonate the Company or a Company employee, another user, or person or
entity, including, without limitation, the use of e-mail addresses or screen
names associated with any of the foregoing.
·
To engage in any other conduct that
restricts or inhibits anyone’s use or enjoyment of the Website, or which, as
determined by us, may harm the Company or users of the Website or expose them
to liability.
Additionally,
you agree not to:
·
Use the Website in any manner that
could disable, overburden, damage, or impair the site or interfere with any
other party’s use of the Website, including their ability to engage in real
time activities through the Website.
·
Use any robot, spider or other
automatic device, process or means to access the Website for any purpose,
including to monitor or copy any of the material on
the Website.
·
Use any manual process to monitor or
copy any of the material on the Website or for any other unauthorized purpose
without our prior written consent.
·
Use any device, software or routine
that interferes with the proper working of the Website.
·
Introduce any viruses, trojan horses, worms, logic bombs or other material which is
malicious or technologically harmful.
·
Attempt to gain unauthorized access
to, interfere with, damage or disrupt any parts of the Website, the server on
which the Website is stored, or any server, computer or database connected to
the Website.
·
Attack the Website via a
denial-of-service attack or a distributed denial-of-service attack.
·
Otherwise attempt to interfere with
the proper working of the Website.
8. Monitoring and Enforcement;
Termination
We have the right to:
·
Remove or refuse to post any User
Contributions for any or no reason in our sole discretion.
·
Take any action with respect to any
User Contribution that we deem necessary or appropriate in our sole discretion
if we believe that such User Contribution violates the Terms of Service,
including the Content Standards, infringes any intellectual property right or
other right, threatens the personal safety of users of the Website and the
public or could create liability for the Company.
·
Disclose your identity to any third
party who claims that material posted by you violates their rights, including
their intellectual property rights or their right to privacy.
·
Take appropriate legal action,
including without limitation, referral to law enforcement, for any illegal or
unauthorized use of the Website.
·
Terminate your access to all or part
of the Website for any or no reason, including without limitation, any
violation of these Terms of Service.
Without
limiting the foregoing, we have the right to fully cooperate with any law
enforcement authorities or court order requesting or directing us to disclose
the identity of anyone posting any materials on or through the Website. YOU
WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION
TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY
ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW
ENFORCEMENT AUTHORITIES.
However,
we cannot and do not undertake to review all material before it is posted on
the Website, and cannot ensure prompt removal of objectionable material after
it has been posted. Accordingly, we assume no liability for any action or
inaction regarding transmissions, communications or content provided by any
user or third party. We have no liability or responsibility to anyone for
performance or non-performance of the activities described in this Section.
9. Content
Standards
These
content standards (the “Content
Standards”) apply to any and all User Contributions and Interactive
Services. User Contributions must in their entirety comply with all applicable
federal, state, local and international laws and regulations. Without limiting
the foregoing, User Contributions must not:
·
Contain any material
which is defamatory, obscene, indecent, abusive, offensive, harassing,
violent, hateful, inflammatory or otherwise objectionable.
·
Promote sexually explicit or
pornographic material, violence, or discrimination based on race, sex,
religion, nationality, disability, sexual orientation or age.
·
Infringe any patent, trademark, trade
secret, copyright or other intellectual property rights of any other person.
·
Violate the legal rights (including
the rights of publicity and privacy) of others or contain any material that
could give rise to any civil or criminal liability under applicable laws or
regulations or that otherwise may be in conflict with these Terms of Service
and our Privacy Policy.
·
Be likely to deceive any person.
·
Promote any illegal activity, or
advocate, promote or assist any unlawful act.
·
Cause annoyance, inconvenience or
needless anxiety or be likely to upset, embarrass, alarm or annoy any other
person.
·
Be used to impersonate any person, or
to misrepresent your identity or affiliation with any person or organization.
·
Involve commercial activities or
sales, such as contests, sweepstakes and other sales promotions, barter or
advertising.
·
Give the impression that they emanate
from us or any other person or entity, if this is not the case.
10. Copyright
Infringement
If
you believe that any User Contributions violate your copyright, please see our
Copyright Policy for instructions on sending us a notice of copyright infringement.
It is the policy of the Company to terminate the user accounts of repeat
infringers.
11. Reliance
on Information Posted
The
information presented on or through the Website is made available solely for
general information purposes. We do not warrant the accuracy, completeness or
usefulness of this information. Any reliance you place on such information is
strictly at your own risk. We disclaim all liability and responsibility arising
from any reliance placed on such materials by you or any other visitor to the
Website, or by anyone who may be informed of any of its contents.
12. Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for
the sale of products formed through the Website or resulting from visits made
by you are governed by our Terms of Sale, which are hereby incorporated into
these Terms of Use. Additional terms and conditions may also apply to specific
portions, services, or features of the Website. All such additional terms and
conditions are hereby incorporated by this reference into these Terms of Use.
13. Changes
to the Website
We
may update the Website from time to time, but its content is not necessarily
complete or up-to-date. Any of the material on the Website may be out of date
at any given time, and we are under no obligation to update such material. We
may change the Website at any time with or without notice. We may suspend
access to the Website, or close it indefinitely.
14. Information
About You and Your Visits to the Website
All
information we collect on this Website is subject to our Privacy Policy. By using
the Website, you consent to all actions taken by us with respect to your
information in compliance with the Privacy Policy. You represent and warrant
that all data provided by you is accurate.
15. Linking
to the Website
You
may link to our homepage, provided you do so in a way that is fair and legal
and does not damage our reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of association, approval
or endorsement on our part where none exists.
You
must not establish a link from any website that is not owned by you. The Website must not be framed on any other
site, nor may you create a link to any part of the Website other than the
homepage. The website from which you are
linking must comply in all respects with the Content Standards set out in these
Terms of Service. You agree to cooperate
with us in causing any unauthorized framing or linking immediately to cease. We
reserve the right to withdraw linking permission without notice.
16. Links
from the Website
If
the Website contains links to other sites and resources provided by third
parties, these links are provided for your convenience only. This includes
links contained in advertisements, including banner advertisements and
sponsored links. We have no control over the contents of those sites or
resources, and accept no responsibility for them or for any loss or damage that
may arise from your use of them. If you decide to access any of the third party
websites linked to this Website, you do so entirely at your own risk and
subject to the terms and conditions of use for such websites.
17. Geographic
Restrictions
The
owner of the Website is based in the state of California in the United States.
We provide this Website for use only by persons located in the United States.
We make no claims that the Website or any of its content is accessible or
appropriate outside of the United States. Access to the Website may not be legal
by certain persons or in certain countries. If you access the Website from
outside the United States, you do so on your own initiative and are responsible
for compliance with local laws. If you use the Website outside of the United States, you consent to
having your personal data transferred to and processed in the United States.
18. Disclaimer
of Warranties
You
understand that we cannot and do not guarantee or warrant that files available
for downloading from the internet or the Website will
be free of viruses or other destructive code. You are responsible for
implementing sufficient procedures to satisfy your particular requirements for
anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of any lost
data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED
DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL
THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY
MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON
ANY WEBSITE LINKED TO IT.
YOUR
USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER
THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE
FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY
REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE
MEET YOUR NEEDS OR EXPECTATIONS.
THE
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR
PURPOSE.
THE
FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
19. Limitation
on Liability
IN
NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF
ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR
USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT
ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH
THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,
PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS
OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE
FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
20. Indemnification
You
agree to defend, indemnify and hold harmless the Company, its affiliates and
licensors and their respective officers, directors, employees, contractors,
agents, licensors and suppliers from and against any claims, liabilities,
damages, judgments, awards, losses, costs, expenses or fees (including reasonable
attorneys’ fees) resulting from your violation of these Terms of Service or
your use of the Website, including, without limitation, any use of the
Website’s content, services and products other than as expressly authorized in
these Terms of Service or your use of any information obtained from the
Website.
21. Governing
Law and Jurisdiction
These
Terms of Service and any dispute or claim arising out of, or related to, them,
their subject matter or their formation (in each case, including non-contractual
disputes or claims) shall be governed by and construed in accordance with the
internal laws of the State of California without giving effect to any choice or
conflict of law provision or rule of any other jurisdiction.
Any
legal suit, action or proceeding arising out of, or related to, these Terms of
Service or the Website shall be instituted exclusively in the state and federal
courts located in the County of Los Angeles, State of California, although we
retain the right to bring any suit, action or proceeding against you for breach
of these Terms of Service in your country of residence or any other relevant
country. You agree to waive any and all objections to the exercise of
jurisdiction over you by such courts and to venue in such courts.
22. Limitation
on Time to File Claims
ANY
CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS
OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE
OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY
BARRED.
23. Entire
Agreement
The
Terms of Service, our Privacy Policy, Copyright Policy and any other legal
notices published by the Company on the Website constitute entire agreement
between you and Drumbo LLC with respect to the Website and supersede all prior
and contemporaneous understandings, agreements, representations and warranties,
both written and oral, with respect to the Website.
24. Waiver
and Severability
No waiver of these Terms of Service by the Company shall
be deemed a further or continuing waiver of such term or condition or any other
term or condition, and any failure of the Company to assert a right or
provision under these Terms of Service shall not constitute a waiver of such
right or provision.
If
any provision of these Terms of Service is held by a court of competent
jurisdiction to be invalid, illegal or unenforceable for any reason, such
provision shall be eliminated or limited to the minimum extent such that the
remaining provisions of the Terms of Service will continue in full force and
effect.
25. Your
Comments and Concerns
This
website is operated by Drumbo LLC, 7095 Hollywood Blvd. #807, Hollywood, CA
90028.
All
notices of copyright infringement claims should go to the copyright agent
designated in our Copyright Policy.
All
other feedback, comments, requests for technical support and other
communications relating to the Website should be directed to: info@FileZombie.org.
Thank
you for visiting the Website.